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Personal Injury Blog

Birmingham Wrongful Death Lawyers

Addressing Unique Wrongful Death Laws in Alabama

The wrongful death of a loved one in a car accident, product liability case, or in a nursing home abuse or neglect case, is a sensitive matter that deserves the powerful legal skills of a family-based legal firm. Birmingham wrongful death attorneys David Wininger and DeLeal Wininger Jr., have helped grieving families for over four decades obtain fair and just results in wrongful death cases in Alabama.

Under Alabama law, an heir (surviving spouse, children, or parents) who is named Personal Representative, may bring a wrongful death lawsuit against the person who is responsible for the death of their loved one. Wrongful death is defined as the taking of the life of an individual resulting from the wrongful, wanton or negligent act of another person.

Alabama statutes pertaining to wrongful death are unique in that they allow for punitive damages only. This is done to punish the wrongdoer and to deter him and others from similar future actions. In other states, compensatory damages are allowed to make restitution for funeral or medical expenses and for other damages.

Wrongful Death Lawsuits v. Criminal Actions

By filing a wrongful death lawsuit, the victim’s survivors can hold accountable the person or corporate entity responsible for the death of the family member. This is done in a civil court, and is totally separate from criminal charges or proceedings. For instance, even if a defendant was acquitted in criminal court on charges of murder, the family of the deceased may still bring a wrongful death action against him, and receive a judgment since the degree of proof in a civil wrongful death case is more easily met than in a criminal trial.

Statute of Limitations in Wrongful Death Cases

In most cases, the time-frame (statute of limitations) in which to bring a wrongful death lawsuit in Alabama is two years from the victim’s date of death. It is important to contact an Alabama wrongful death lawyer at Wininger Law Firm soon after an accident in order to conduct a comprehensive investigation, question witnesses, and to preserve evidence in the case.

The attorney may also assist the family in setting up an estate so that the family can commence an action in civil court.

Finding Justice for Grieving Family Members

We sincerely sympathize with family members who are left behind after the tragic loss of a loved one. Our wrongful death lawyers work hard to help your family through this difficult time by bringing the responsible party to justice and by seeking punitive damages against him. We are well equipped to handle the most complex wrongful death cases. Because we operate on a contingency fee basis, you do not owe us anything unless we win results for you.

Free Consultation with an Alabama Wrongful Death Lawyer

Contact Wininger Law Firm, LLC, today at 205.322.3663 or 888.808.INJURY, to arrange for a confidential free accident or injury consultation with experienced wrongful death attorneys in Birmingham, AL.

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